Morristown, New Jersey Law Firm Video Frequently Asked Questions
What is the statute of limitations for a medical malpractice claim?
The statue of limitations for personal injury and medical malpractice in New Jersey is two years, from the date of the accident. The difference is in medical malpractice cases, New Jersey has what we call a discovery rule.
So the two years does not begin to run until you knew or reasonably should have known that you may have been the victim of malpractice. So often the case is where a person is treated by a doctor and they think everything is fine and then months or maybe a year passes and another problem develops and they find out the original physician did not do what he or she was suppose to do, and that has caused additional issues.
So in that case, perhaps the statute of limitations would not begin until that discovery was made.